1426.23  STREET AND SIDEWALK OBSTRUCTION PERMIT; BOND, FEE AND RESTORATION DEPOSIT.
   (a)   Permits for occupying portions of sidewalks and roadways for building operations shall be issued by the Director of Public Service.  Before such permit is granted, the Director shall prepare an estimate of the cost of restoring the sidewalk and roadway to a condition as good as before occupation.  The applicant for the permit shall comply with the following conditions:
      (1)   File with the Director of Public Service a bond, when the Director deems it necessary or desirable, in an amount to be designated by him or her, but in no case less than five thousand dollars ($5,000), to indemnify and keep the City harmless from any and all loss, cost, expense or liability of any kind whatever which it may suffer or be put to, or which may be recovered from it by reason of the issuance of such permit, or any act or thing done or neglected to be done under or by virtue of the authority given in such permit, and the requirements of this Building and Housing Code.
      (2)   Pay an occupation permit fee of one dollar ($1.00) per month, or fraction thereof, for each 100 square feet or fraction thereof of sidewalk or roadway space, covering the period for which the permit is to be issued.
(Ord. 42-1981.  Passed 2-23-81.)
      (3)   Deposit in cash the estimated cost of restoring the sidewalk and roadway, which in no case shall be less than two dollars ($2.00) per square foot.  If the required deposit exceeds one thousand dollars ($1,000), a good and sufficient surety company bond may be furnished for the amount in excess thereof.  The surety bond shall be liable to the City for all expenses of restoration in excess of one thousand dollars ($1,000).  The cash deposit shall be presented to the Director of Finance for deposit in the Trust Account.
(Ord. 108-1989.  Passed 1-8-90.)
   (b)   The period for which the permit is issued may be extended by the Director of Public Service upon payment by the applicant of additional occupation fees.
   (c)   Any obstruction permit issued under the terms of this Building and Housing Code may be revoked by the Director of Public Service at any time.
   (d)   When a permittee has relinquished the space occupied and restored the sidewalk and roadway to the satisfaction of the Director of Public Service, the Director of Public Service shall issue a certificate to the Director of Finance to this effect, and the Director of Finance shall thereupon forthwith issue a check for the amount deposited into the Trust Account for this purpose.  However, if the permittee fails to restore the same within five days after the completion of the building or structure for which the deposit was required, then the Director of Public Service shall have the right to use so much of the amount deposited as will be necessary to remove all obstructions and to restore the sidewalk and roadway to a condition as good as they were before occupation, and the amount thus expended shall be deducted from the amount of the deposit.  However, nothing contained herein shall preclude the City from maintaining an action against the permittee to recover for damage done to any sidewalk or roadway.
(Ord. 42-1981.  Passed 2-23-81.)